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HomeMy WebLinkAboutUSACE Boat Basin 12.1 Wade Park Lease 03.26.041T of MA C~ Pf•'S 9T[5 Of PK'p`e DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT, CORPS OF ENGINEERS 201 NORTH THIRD AVENUE WALLA WALLA WA 99362 -1876 CERTIFIED MAIL RETURN RECEIPT REQUESTED March 29, 2004 Real Estate Division Mr. Gary Crutchfield, City Manager City of Pasco PO Box 293 Pasco, Wa 99301 Dear Mr. Crutchfield: Enclosed for the records of the City of Pasco is a fully executed copy of Department of the Army Lease No. W912EF- 1- 04 -13. The term of the lease is 50 years and the consideration is the operation and maintenance of the premises for the benefit of the United States and the general public in accordance with the lease conditions. Lease No. DACW68- 1 -98 -30 has been terminated effective this date as required by condition 40., TERMINATION OF PRIOR LEASE. If there are any questions on the lease, you can call me at 509 - 527 -7324 or contact me by e-mail at Paul.S.Shampine @usace.army.mil. Sincerely, Paul Shampine Real Estate Specialist Enclosure NO. W912EF =1 -04 -13 DEPARTMENT OF THE ARMY LEASE TO THE CITY OF PASCO, WASHINGTON FOR PUBLIC PARK AND RECREATIONAL PURPOSES Levee 12 -1, The Pasco Boat Basin on McNary Lock and Dam Project Franklin County, Washington NO. W912EF- 1 -04 -13 DEPARTMENT OF THE ARMY LEASE TO THE CITY OF PASCO, WASHINGTON FOR PUBLIC PARK AND RECREATIONAL PURPOSES Levee 12 -1, The Pasco Boat Basin on McNary Lock and Dam Project Franklin County, Washington THIS LEASE is made on behalf of the United States and the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and the City of Pasco, Washington, a municipal corporation, hereinafter referred to as the Lessee, WITNESSETH: That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth, hereby leases to the Lessee, the property identified in Exhibits A and B, attached hereto and made a part hereof, hereinafter referred to as the premises, for public park and recreational purposes. THIS LEASE is granted subject to the following conditions: 1. TERM Said premises are hereby leased for a term of 50 years, beginning on the date this lease is executed by the government and ending 50 years from said date. 2. CONSIDERATION The consideration for this lease is the operation and maintenance of the premises by the Lessee for the benefit of the United States and the general public in accordance with the conditions herein set forth. 3. NOTICES All correspondence and notices to be given pursuant to this lease shall be addressed, if to the Lessee to the City Manger, City of Pasco; P.O. Box 293; Pasco, Washington 99301 and if to the United States, to the District Engineer, ATTN: Chief, Real Estate Division; Walla Walla District; 201 North 3`d; Walla Walla, Washington 99362 -1876 or as may from time to time otherwise by directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4, AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary of the Army," "District Engineer," "said officer" or "Lessor" shall include their duly authorized representatives. Any reference to "Lessee" shall include sublessees, assignees, transferees, concessionaires, and its duly authorized representatives. 5. DEVELOPMENT PLANS The Lessee shall be guided by an Annual Management Plan (AMP) in furtherance of the Lessee's implementing Plan of Recreation Development and Management (Development Plan) attached as Exhibit C which shows the facilities and services necessary to meet the current and potential public demand and the management and development activities to be undertaken by the Lessee and any sublessees. No later than January 1 of each year the Lessee will submit the AMP to be mutually agreed on between the Lessee and the District Engineer. Such AMP shall include but is not limited to the following: a. Plans for management, maintenance and development activities to be undertaken by the Lessee and any sublessees. b. Report of the management, maintenance and development accomplishments of the Lessee for the preceding year. c. Report on any significant modification of policies or procedures which are planned for the following year as well as those implemented in the preceding year. 2 d. Minor modifications to the Development Plan. Major modifications are to be accomplished by amendment to the Plan before proceeding to implement any changes in the development or management of the leased premises. e. Budget of the Lessee for carrying out all activities for the upcoming year. f. Personnel to be used in the management of the leased premises. g. Annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards. Lessee will also provide a statement of compliance with the Rehabilitation Act and the Americans with Disabilities Act, as required in the condition on NON - DISCRIMINATION, noting any deficiencies and providing a schedule for correction. The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer. During the term of the lease, the District Engineer will notify the Lessee of any updates to the existing project Master Plan affecting the premises and the Lessee may provide comments. 6. STRUCTURES AND EQUIPMENT The Lessee shall have the right, during the term of the lease, to erect such structures and to provide such equipment upon the premises as may be necessary to furnish the facilities and services authorized. Those structures and equipment shall be and remain the property of the Lessee, except as otherwise provided in the Condition on RESTORATION (Paragraph 20). However, no structures may be erected or altered upon the premises unless and until the type of use, design, and proposed location or alteration thereof shall have been approved in writing by the District Engineer. The District Engineer may require the Lessee, upon the completion of each of the proposed developments to furnish complete "as built" construction plans for all facilities. 7. APPLICABLE LAWS AND REGULATIONS The Lessee shall comply with all applicable Federal laws and regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. The Lessee shall make and enforce such regulations as are necessary and within its legal authority in exercising the privileges granted in this lease, provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with the provisions of 16 U.S.C. § 460d. 3 8. CONDITION OF PREMISES a. The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is leased without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs, or additions thereto. b. As of the date of this lease, an inventory and condition report of all personal property and improvements of the United States included in this lease shall be made by the District Engineer and the Lessee to reflect the condition of said property and said improvements. A copy of said report, when complete, shall be attached hereto as Exhibit D and made a part hereof. Upon the expiration, revocation, or termination of this lease, another inventory and condition report shall be similarly prepared. This report shall constitute the basis for settlement for property damaged or destroyed. Any such property must be either replaced or restored to the condition required by the Condition on PROTECTION OF PROPERTY (Paragraph 16). 9. FACILITIES AND SERVICES The Lessee shall provide the facilities and services as agreed upon in the Development Plan referred to in the Condition on DEVELOPMENT PLANS (Paragraph 5). either directly or through subleases or concession agreements that have been reviewed and accepted by the District Engineer. These subleases or agreements shall state: (1) that they are granted subject to the provisions of this lease; and (2) that the agreement will not be effective until the third party activities have been approved by the District Engineer. The Lessee will not allow any third party activities with a rental to the Lessee or prices to the public which would give the third party an undue economic advantage or circumvent the intent of the Development Plan. The rates and prices charged by the Lessee or its sub - lessees or concessionaires shall be reasonable and comparable to rates charged for similar goods and services by others in the area. The use of sub - lessees and concessionaires will not relieve the Lessee from the primary responsibility for ensuring compliance with all of the terms and conditions of this lease. 10. MAINTAIN THE LEVEE CREST The Lessee will be responsible for the maintenance of the levee crest for any levee on the premises. This maintenance includes the repair of damage and erosion caused by the operation of the facilities constructed on the levee. The Lessee shall keep the premises clean and free from trash. No trees or shrubs will be allowed to be planted directly in the levee. Any tree or shrub planted on the levee will be in containers or fully enclosed planter boxes. An irrigation system on the levee is prohibited, unless the design and intended use of the irrigation system is first approved, in writing, by the District Engineer. C! 11. STOCKPILING AND /OR DISPOSAL OF LEVEE MATERIALS The riprap removed from lowering any levee will be stockpiled by the Lessee, at the Lessee's own expense, on Government lands, or elsewhere, as determined by the District Engineer. This riprap will be stored for use by the Government. All excess fill material will be, at the discretion of the District Engineer, disposed of off -site at no cost to the Government. The Government will not retain ownership of any disposed fill material. 12. HOLD HARMLESS The United States shall not be responsible for damages to property or injuries to persons which may arise from any modification, alteration or lowering of any levee by Lessee, regardless of when such modification, alteration or lowering occurred, and the Lessee shall hold the United States harmless from any and all such claims, except damages or injuries caused by the negligence of the United States or its contractors. 13. TRANSFERS, ASSIGNMENTS, SUBLEASES a. Without prior written approval of the District Engineer, the Lessee shall neither transfer nor assign this lease nor sublet the premises or any part thereof, nor grant any interest, privilege, or license whatsoever in connection with this lease. b. The Lessee will not sponsor or participate in timeshare ownership of any structures, facilities, accommodations, or personal property on the premises. The Lessee will not subdivide nor develop the premises into private residential development. 14. FEES Fees may be charged by the Lessee for the entrance to or use of the premises or any facilities, however, no user fees may be charged by the Lessee or its sub - lessees for use of facilities developed in whole or part with federal funds if a user charge by the Corps of Engineers for the facility would be prohibited under law. 15. ACCOUNTS, RECORDS AND RECEIPTS All monies received by the Lessee from operations conducted on the premises, including, but not limited to, entrance, admission and user fees and rental or other consideration received from its concessionaires, may be utilized by the Lessee for the administration, maintenance, operation and development of the premises. Beginning 5 years from the date of this lease and continuing at 5 -year intervals, any such monies not so utilized or programmed for utilization within a reasonable time shall be paid to the District Engineer. The Lessee shall establish and maintain accurate records and accounts and provide an annual statement of receipts and expenditures to the District Engineer. Annual or weekly entrance fees not collected on the Project, which also are 5 honored at other recreational areas operated by the Lessee, are excluded from this requirement. The District Engineer shall have the right to perform audits or to require the Lessee to audit the records and accounts of the Lessee, third party concessionaires and sub - lessees, in accordance with auditing standards and procedures promulgated by the American Institute of Certified Public Accountants or by the state, and furnish the District Engineer with the results of such an audit. 16. PROTECTION OF PROPERTY The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to the satisfaction of the District Engineer, or, at the election of the District Engineer, reimbursement may be made therefore by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the District Engineer. 17. RIGHT TO ENTER AND FLOOD The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with navigation, hydropower or flood control purposes; to make inspections; to flood the premises to the Standard Project Flood Elevation; to manipulate the level of the lake or pool in any manner whatsoever; and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 18. LIGHTS, SIGNALS AND NAVIGATION There shall be no unreasonable interference with navigation by the exercise of the privileges granted by this lease. If the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the Coast Guard or by the District Engineer shall be installed and maintained by and at the expense of the Lessee. 19. INSURANCE a. At the commencement of this lease, the Lessee, unless self- insured, and its sub - lessees and concessionaires at the commencement of operating under the terms of this lease as third parties, shall obtain from a reputable insurance company or companies contracts of liability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices for any number of persons or claims arising from any one incident with respect 6 to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons, resulting from the operations of the Lessee, sub - lessees and concessionaires under the terms of this lease. The. Lessee, unless self- insured, shall require its insurance company, and any sub - lessee and concessionaire, to furnish to the District Engineer a copy of the policy or policies or, if acceptable to the District Engineer, certificates of insurance evidencing the purchase of such insurance. b. The insurance policy or policies shall specifically provide protection appropriate for the types of facilities, services and products involved; and shall provide that the District Engineer be given thirty (30) days notice of any cancellation or change in such insurance. c. In the event the Lessee is self- insured, the Lessee shall certify such self - insurance in writing in the minimum amount specified above to the District Engineer. The Lessee's insurance status shall not eliminate the requirement for its sub - lessees and concessionaires to have insurance from a reputable insurance carrier as set out above. d. The District Engineer may require closure of any or all of the premises during any period for which the Lessee and /or its sub - lessees and concessionaires do not have the required insurance coverage. 20. RESTORATION a. On or before the expiration of this lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to the District Engineer. If, however, this lease is revoked, the Lessee shall vacate the premises, remove said property therefrom, and restore the premises to the aforesaid condition within such time as the District Engineer may designate. In either event, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of the District Engineer, said property shall either become the property of the United States without compensation therefore, or the District Engineer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation or termination of this lease in restoring the premises. b. Lessee shall not be required to remove any of Lessee's property, upon expiration, termination or revocation of this Lease, if such property is integral to and a necessary part of a third party activity, which is continued through a direct commercial concession lease, pursuant to the Condition on CONTINUATION OF THIRD PARTY ACTIVITIES (Paragraph 21). 7 21. CONTINUATION OF THIRD PARTY ACTIVITIES In order to protect the investment of sublessees, the District Engineer is authorized to approve subleases which require the Government to continue the subleased activities upon termination of the parent lease by expiration, relinquishment or revocation. To continue its subleased activities, the sublessee must: (a) be in compliance with the terms and conditions of both the sublease and the parent lease; and (b) accept a direct commercial concession lease with the Government utilizing the Government's approved form for such purposes. 22. NON - DISCRIMINATION a. The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessee's operations, programs or activities conducted on the leased premises, because of race, color, religion, sex, age, handicap, or national origin. The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural And Transportation Barriers Compliance Board. b. The Lessee, by acceptance of this lease, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Age Discrimination Act of 1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 195) issued as Department of Defense Directive 5500.11 and 1020.1, and Army Regulation 600 -7. This assurance shall be binding on the Lessee, its agents, successors, transferees, sub - lessees and assigns. 23. SUBJECT TO EASEMENTS This lease is subject to all existing easements, easements subsequently granted, and established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and easements will not be granted which will, in the opinion of the District Engineer, interfere with developments, present or proposed, by the Lessee. The Lessee will not close any established access routes without written permission of the District Engineer. 24, SUBJECT TO MINERAL INTERESTS This lease is subject to all outstanding mineral interests. As to federally owned mineral interests, it is understood that they may be included in present or future mineral leases issued by the Bureau of Land Management (BLM), which has responsibility for mineral development on Federal lands. The Secretary will provide lease stipulations to 8 BLM for inclusion in such mineral leases that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local laws. 25. COMPLIANCE, CLOSURE, REVOCATION AND RELINQUISHMENT a. The Lessee and /or any sub - lessees or licensees are charged at all times with full knowledge of all the limitations and requirements of this lease, and the necessity for correction of deficiencies, and with compliance with reasonable requests by the District Engineer. This lease may be revoked in the event that the Lessee violates any of the terms and conditions and continues and persists in such non- compliance, or fails to obtain correction of deficiencies by sub - lessees or licensees. The Lessee will be notified of any non - compliance, which notice shall be in writing or shall be confirmed in writing, giving a period of time in which to correct the con - compliance. Failure to satisfactorily correct any substantial or persistent non- compliance within the specified time is grounds for closure of all or part of the premises, temporary suspension of operation, or revocation of the lease, after notice in writing of such intent. Future requests by the Lessee to extend the lease, expand the premises, modify authorized activities, or assign the lease shall take into consideration the Lessee's past performance and compliance with the lease terms. b. This lease may be relinquished by the Lessee by giving one (1) year prior written notice to the District Engineer in the manner prescribed in the Condition on NOTICES (Paragraph 3). 26, HEALTH AND SAFETY a. The Lessee shall keep the premises in good order and in a clean, sanitary, and safe condition and shall have the primary responsibility for ensuring that any sub- lessees and concessionaires operate and maintain the premises in such a manner. b. In addition to the rights of revocation for non - compliance, the District Engineer, upon discovery of any hazardous conditions on the premises that present an immediate threat to health and /or danger to life or property, will so notify the Lessee and will require that the affected part or all of the premises be closed to the public until such condition is corrected and the danger to the public eliminated. If the condition is not corrected within the time specified, the District Engineer will have the option to revoke the lease. The Lessee and its assignees or sub - lessees shall have no claim for damages against the United States, or any officer, agent, or employee thereof on account of action taken pursuant to this condition. 27. PUBLIC USE No attempt shall be made by the Lessee, or any of its sub - lessees or concessionaires, to forbid the full use by the public of the premises and of the water 9 areas of the project, subject, however, to the authority and responsibility of the Lessee to manage the premises and provide safety and security to the visiting public. 28. PROHIBITED USES a. The Lessee shall not permit gambling on the premises. Specifically prohibited is the use of gambling devices, such as slot machines, video gambling machines, or other casino type devices that would detract from the family atmosphere. District Engineer may allow the sale of state lottery tickets, in accordance with state and local laws and regulations, as long as the sale of tickets constitutes a collateral activity, rather than primary activity, of the Lessee. The Lessee shall not install or operate, or permit to be installed or operated thereon, any device which is illegal; or use the premises or permit them to be used for any illegal business or purpose. There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance. b. As an exception, some games of chance, such as raffles, games and sporting events, may be conducted by nonprofit organizations under special permits issued in conjunction with special events, if permissible by state and local law. Any request to conduct such activities must be submitted in writing to the District Engineer. c. In accordance with state and local laws and regulations, the Lessee may sell, store, or dispense or permit the sale, storage, or dispensing of beer, malt beverages, light wines or other intoxicating beverages on the premises in those facilities where such service is customarily found. Bar facilities will only be permitted if offered in connection with other approved activities. Advertising of such beverages outside of buildings is not permitted. Carry out package sales of hard liquor is prohibited. 29. NATURAL RESOURCES The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises, except as may be authorized under and pursuant to the Development Plan described in the Condition on DEVELOPMENT PLANS (Paragraph 5) herein. The Lessee may salvage fallen or dead timber; however, no commercial use shall be made of such timber. Except for timber salvaged by the Lessee when in the way of construction of improvements or other facilities, all sales of forest products will be conducted by the United States and the proceeds therefrom shall not be available to the Lessee under the provisions of this lease. 10 30. DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. § 601- 613) (the Act), all disputes arising under or relating to this lease shall be resolved under this clause and the provisions of the Act. b. "Claim," as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of lease terms, or other relief arising under or relating to this lease. A claim arising under this lease, unlike a claim relating to the lease, is a claim that can be resolved under a lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph c.(2) below. C, (1) A claim by the Lessee shall be made in writing and submitted to the said officer for a written decision. A claim by the Government against the Lessee shall be subject to written decision by the said officer. 2) For Lessee claims exceeding $100,000, the Lessee shall submit with the claim a certification that: i) The claim is made in good faith; ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and belief; iii) and the amount requested accurately reflects the lease adjustment for which the Lessee believes the Government is liable. 3) If the Lessee is an individual, the certificate shall be executed by that individual. If the Lessee is not an individual, the certification shall be executed by: i) A senior company official in charge at the Lessee's location involved; or ii) An officer or general partner of the Lessee having overall responsibility of the conduct of the lessee's affairs. d. For Lessee claims of $100,000 or less, the said officer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee - certified claims over $100,000, the said officer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. e. The said officer's decision shall be final unless the Lessee appeals or files as suit as provided in the Act. 11 f. At the time a claim by the lessee is submitted to the said officer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph c.(2) of this clause, and executed in accordance with paragraph c.(3) of this clause. g. The Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the said officer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the said officer receives the claim and then at the rate applicable for each 6- month period as fixed by the Treasury Secretary during the pendency of the claim. h. The Lessee shall proceed diligently with the performance of the lease, pending final resolution of any request for relief, claim, appeal or action arising under the lease, and comply with any decision of the said officer. 31. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this lease shall protect the project against pollution of its air, ground, and water. The Lessee shall comply promptly with any laws, regulations, conditions or instructions affecting the activity hereby authorized, if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the leased area is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency, are hereby made a condition of this lease. The Lessee shall require all sanitation facilities on boats moored at the Lessee's facilities, including rental boats, to be sealed against any discharge into the lake. Services for waste disposal, include sewage pump -out of watercraft, shall be provided by the Lessee as appropriate. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the Lessee's activities, the Lessee shall be liable to restore the damaged resources. c. The Lessee must obtain approval in writing from the District Engineer before any pesticides or herbicides are applied to the premises. iK 32. ENVIRONMENTAL BASELINE STUDY An Environmental Baseline Study (EBS) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon is attached hereto and made a part hereof as Exhibit E. Upon expiration, revocation or termination of this lease, another EBS shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the District Engineer in determining any environmental restoration requirements. Any such requirements will be completed by the Lessee in accordance with the condition on RESTORATION (Paragraph 20J. 33, HISTORIC PRESERVATION a. The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, remains, or objects of antiquity. In the event such items are discovered on the premises, the Lessee shall immediately notify the District Engineer and protect the site and the material from further disturbance until the District Engineer gives clearance to proceed. b. The Lessee shall not engage in any construction, alteration, demolition, or ground disturbing activities on the premises, including activities engaged in pursuant to a Development Plan, unless such activities have been reviewed and approved by the District Engineer in accordance with the requirements of the National Historic Preservation Act of 1966 (16 USC 470, et seq.). The Lessee shall be responsible for all costs, and any actions directed or required by the District Engineer, which are associated with the National Historic Preservation Act review process, or other applicable law. 34. SOIL AND WATER CONSERVATION The Lessee shall maintain, in a manner satisfactory to the District Engineer, all soil and water conservation structures that may be in existence upon said premises at the beginning of, or that may be constructed by the Lessee during the term of, this lease, and the Lessee shall take appropriate measures to prevent or control soil erosion within the premises. Any soil erosion occurring outside the premises resulting from the activities of the Lessee shall be corrected by the Lessee as directed by the District Engineer. 35, TRANSIENT USE a. Camping, including transient trailers or recreational vehicles, at one or more campsites for a period longer than thirty (30) days during any sixty (60) consecutive day period is prohibited. The Lessee will maintain a ledger and reservation system for the use of any such campsites. 13 b. Occupying any lands, buildings, vessels or other facilities within the premises for the purpose of maintaining a full- or part-time residence is prohibited, except for employees residing on the premises for security purposes, if authorized the District Engineer. 36. COVENANT AGAINST CONTINGENT FEES The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 37. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefits to arise therefrom. However, nothing herein contained shall be construed to extend to any incorporated company if the lease be for the general benefit of such corporation or company. 38. MODIFICATIONS This lease contains the entire agreement between the parties hereto, and no modification of this agreement, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or by a duly authorized representative; and this provision shall apply to this clause as well as all other conditions of this lease. 39. DISCLAIMER This lease is effective only insofar as the rights of the United States in the premises are concerned; and the Lessee shall obtain such permission as may be required on account of any other existing rights. It is understood that the granting of this lease does not eliminate the necessity of obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat.1151; 33 U.S.C. § 403), or Section 404 of the Clean Water Act (33 U.S.C. § 1344). 5El 40. TERMINATION OF PRIOR LEASE Execution of this Lease is intended to replace, and effectively terminate, Lease No. DACW68- 1- 98 -30, which was previously entered into by the parties on August 25, 1998. 41, CULTURAL RESOURCE STIPULATIONS Cultural Resources Stipulations ( "Stipulations ") are attached to this Lease as Exhibit F and incorporated herein by reference. Lessee's cultural resources roles and responsibilities under this Lease shall be governed by the Stipulations and applicable laws or regulations. The Stipulations may be amended by the District Engineer, after consultation with Lessee, if necessary to comply with applicable laws or regulations. 42. PESTICIDES a. The use of any pesticides (insecticide, herbicide, fungicide or rodenticide) on outgranted lands or waters shall be in accordance with all applicable Federal, state and local laws, rules and regulations. The Lessee must obtain approval from the District Engineer before any pesticides are applied to the premises. The Lessee shall report actual usage of pesticides in the previous year and anticipated usage of pesticides in the upcoming year on the Pest Control Plan attached as Exhibit G -1 and G -2. The reports will be forwarded not later than January 10 of each year to the address identified below. Usage reports will be reviewed by the District Pesticide Coordinator and shall be considered approved unless the Lessee is notified otherwise. The form may be reproduced as needed. b. The Lessee shall be responsible for the control of all noxious weeds within the outgranted area in accordance with all applicable Federal, state county and local laws, rules and regulations. Within seven (7) days after each application or treatment with any approved pesticide, the Lessee shall complete a pesticide application record (NPW Form 178). A copy of NPW Form 178 is attached as Exhibit H and may be reproduced when needed. Said form shall be mailed or delivered to: Resources Manager Ice Harbor Lock and Dam Project 2763 Monument Drive Burbank, Washington 99323 15 IN WITNESS WHEREOF I t ve hereunto se my hand by authority /direction of the Secretary of the Army this Q ( day of La 2004. EDWARD J. KERTIS; JR.j' Lieutenant Colonel, Corps of Engineers District Commander Walla Walla District V7IS LJEASE is also executed by the Lessee this day of XAzb 2004. e CHAEL L. GAk SON Mayor City of Pasco, Washington 16 Z/z EDWARD J. KERTIS; JR.j' Lieutenant Colonel, Corps of Engineers District Commander Walla Walla District V7IS LJEASE is also executed by the Lessee this day of XAzb 2004. e CHAEL L. GAk SON Mayor City of Pasco, Washington 16 ACKNOWLEDGEMENT STATE OF WASHINGTON ) Ss COUNTY OF WALLA WALLA ) On this day personally appeared before me PJii d J. Y/ fr 5 to me known to be the Commander, Walla Walla District, Corps of Engineers, who executed the within and foregoing instrument, and acknowledged that he signed the same in the capacity above stated by authority of the Secretary of the Army and for the uses and purposes therein mentioned. Given under my hand and official seal this day of 12004. SEAL) V. BR //y4\ OTAR y N pUBJGo OJO 14.2 C9 UF WA` o1` Notary Public in and for the State of Washington, residing at ZJ1 My commission expires on //yea 17 CERTIFICATE OF AUTHORITY I, Gary Crutchfield, certify that I am the City Manager of THE CITY OF PASCO, WASHINGTON, that Michael L. Garrison, who signed the foregoing instrument on behalf of the grantee, was then Mayor of THE CITY OF PASCO. I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the grantee in executing said instrument. 7 Date '. Clerk or App opriate Pff icer THIS INSTRUMENT PREPARED BY: PAUL SHAMPINE, Realty Specialist U.S. Army Corps of Engineers Walla Walla District 201 North 3rd Walla Walla, WA 99362 -1876 509 - 527 -7324 REVIEWED FOR LEGAL SUFFICIENCY BY: i 1101BERT D. ESKILDSEN, Attorney 509 - 527 -7322 in mM REPLY TO Real Estate Division DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT, CORPS OF ENGINEERS 201 NORTH THIRD AVENUE WALLA WALLA WA 99362 -1876 October 7, 2005 SUBJECT: Amendment No. 1, Department of the Army Lease W912EF- 1- 04 -13, City of Pasco Mr. Gary Crutchfield City Manager City of Pasco PO Box 293 Pasco, WA 99301 Dear Mr. Crutchfield: Transmitted is one fully executed copy of Amendment No.1 to the subject lease. The amendment removes from the lease the waters and lands of the Levee 12 -1 Pond at and below the normal surface elevation of 330.5 feet. If you have any questions on the amendment or the lease, please call me at 509 - 527 -7324 or contact me by e-mail at Paul.S.Shampine @usace.army.mil. Sincerely, Paul Shampine Realty Specialist Enclosure AMENDMENT NO. 1, DEPARTMENT OF THE ARMY LEASE NO. W912EF- 1 -04 -13 TO THE CITY OF PASCO, WASHINGTON FOR PUBLIC PARK AND RECREATIONAL PURPOSES Levee 12 -1, The Pasco Boat Basin Ti McNary Lock and Dam Project Franklin County, Washington WHEREAS, on March 26, 2004, the City of Pasco, Washington, grantee, leased a continuous land area in Franklin County on the McNary Lock and Dam Project including portions of premises Tracts XX -3457 and XX -3461 and all of premises Tracts XX -3458 and XX -3459, known collectively as the Levee 12 -1 Pond, for Public Park and Recreation purposes; and WHEREAS, in a letter dated November 5, 2004, a copy of which is attached as Exhibit I, the grantee requested that the lease be amended to remove the 12 -1 Pond from the leased premises due to management of the pond's odor and acknowledged that if its use or improvement is desired in the future, that an additional amendment will be required; and WHEREAS, the requested amendment to the lease will not conflict or interfere with nor adversely affect the operation of the McNary Lock and Dam project for its authorized purposes; NOW THEREFORE, effective on the date of execution of this amendment by the Chief, Real Estate Division, Walla Walla District, Corps of Engineers, Department of the Army Lease W912EF- 1 -04 -13 is hereby modified in the following particulars, but in no others: 1. Waters and lands of the Levee 12 -1 Pond, at and below normal surface elevation 330.5 feet mean sea level, National Geodetic Vertical Datum of 1929, as shown in Exhibit J, are hereby removed from the lease area. 2. Removal of the pond from the lease shall in no way relieve the grantee from any responsibility for operation and maintenance of the recently installed 470 linear feet of 78 -inch perforated pipe and its appurtenances that discharge into the Levee 12 -1 pond. In all other respects, the covenants, provisions and conditions of said lease shall remain in full force and effect. IN WITNESS WHEREOF I have h reunto set my hand by authority of the Secretary of the Army this day of 2005. RICHARD CARLTON Chief, Real Estate Division Walla Walla District, Corps of Engineers This amendment to Department of the Army Lease No W 12EF- 1 -04 -13 is also executed by the grantee this —day of 2005. CITY OF PASCO B LI \ 4 Title: / IA-? 1 STATE OF WASHINGTON ss. County of Franklin On this day personally appeared before me MICHAEL L. Pasco, Washington, to be known to be the individual described i n foregoing instrument, and acknowledged that he signed the same as for the uses and purposes therein mentioned. GARRISON, Mayor of the City of and who executed the within and his free and voluntary act and deed ny hand and official seal this 3 day faGr , 2005. NOTARY PUB IC iry nd for the State of Washington Residing at: f2 L O My Commission Expires O 7 STATE OF WASHINGTON ) ss. County of On this day personally appeared before me Richard Carlton, Chief, Real Estate Division, Walla Walla District Corps of Engineers, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and proposes therein mentioned. GIVEN under my hand and official seal this day of QnL6W 5 2005. PE7-F9 NOTARY PUB C i and fo th tate of Washington 0* EYP SO Residing at: Q ii My Commission Expires: l TAgy N 1 a DUB UG 2 a tC VqH 14, 20 jAO OF WAS'"' CERTIFICATE OF AUTHORITY I, Webster Jackson , certify that I am the ('.; t)z rl ark of the City of Pasco, Washington that Michael L. Garrison who signed the foregoing instrument on behalf of the grantee, was then Mayor of the City of Pasco I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the grantee in executing said instrument. Date October 3, 2005 Z(z e o signatur ) CITY MANAGER (509) 545.3404 /Scan 726 -3404 /Fax HO. Box 293 (525 North 3rd Avenue) Pasco, Washington 99301 Richard Carlton, Chief Real Estate Division Walla Walla District, Corps of Engineers 201 North Third Ave. Walla Walla WA. 99362 -1876 Re: Lease No. W912EF- 1 -04 -13 Dear Mr. Carlton: November 5, 2004 The City of Pasco hereby requests an amendment to the referenced lease to delete the 124 pond see attached) from said lease. Prior to the execution of the lease, when the city received complaints from citizens regarding the unpleasant odor emanating from the pond (presumably due to unchecked growth of algae), the Corps responded with efforts to mitigate the nuisance. Throughout the several years of discussion regarding the potential conveyance of the Tri- Cities levee to local jurisdictions, Corps officials made it very clear to all of us involved that the Corps would retain entire control over the drainage system associated with the levee. Indeed, WRDA 96 stipulated as much. When we forwarded citizen complaints about the pond odors this surmner, we were surprised to learn the Corps' position was that the lease placed responsibility for the pond in the hands of the city. While the lease is apparently silent on the specific duties of the lessee and lessor with respect to the pond, the city had maintained throughout lease negotiations the same understandings of Corps responsibility for the drainage system that had permeated all discussions prior to that time. As a consequence, key city staff met with Corps personnel at the pond on September 23 to view and discuss the relevant circumstances. The conclusion of that discussion was the best way to deal with the conflict would be to amend the lease to delete the pond; that amendment would clarify that it is not included within the property leased by the city. We understand that, if the city desires to improve or use the pond in the future, we will need to amend the lease to add the pond. Richard Carlton, Chief, Real Estate Division November 5, 2004 RE: Lease No. W912EF- 1 -04 -13 Page 2 Please initiate the process necessary to formally amend the lease to reflect the "meeting of the minds" arrived at during the on -site discussion with Corps personnel on September 23. Manager GCltlz cc: City Council Stan Stiebel, Administrative and Community Services Director attachment AMENDMENT NO. 2, DEPARTMENT OF THE ARMY LEASE NO. W912EF- 1 -04 -13 TO THE CITY OF PASCO, WASHINGTON FOR PUBLIC PARK AND RECREATIONAL PURPOSES Levee 12 -1, The Pasco Boat Basin Ki McNary Lock and Dam Project Franklin County, Washington WHEREAS, on March 26, 2004, the City of Pasco, Washington, Lessee, leased the premises indicated in Exhibit B of said lease for public park and recreation purposes; and WHEREAS, on October 7, 2005, Amendment No. 1 of the lease removed the 12 -1 pond from the premises; and WHEREAS, the City of Pasco has requested an addition to the premises including Tracts XX -3452, XX -3451 and the remainder of Tract XX -3460, said remainder not included in the premises of the original lease; and WHEREAS, the requested amendment to the lease will not conflict or interfere with nor adversely affect the operation of the McNary Lock and Dam Project for its authorized purposes; NOW THEREFORE, effective on the date of execution of this Amendment by the Acting Chief, Real Estate Division, Walla Walla District, Corps of Engineers, Department of the Army Lease W912EF- 1 -04 -13 is hereby modified in the following particulars, but in no others: 1. Exhibit K and Exhibit L, attached hereto and made a part hereof, show the area added to the premises by Amendment No. 2. 2. The Lessee's plans for lowering the portion of Levye 12 -1 passing through the premises are approved as of December 14, 200,8. Luring construction, the Lessee shall ensure that the project area is watered as needed to control dust, storm water barriers are present and all rip -rap reused on the levee is placed, not dumped. 3. The Lessee will provide information on any proposed interpretive signing on the premises to the District Engineer for review and comment. The information will, at a minimum, include proposed location, wording and sign design. In all other respects, the covenants, provisions and conditions of said lease shall remain in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary of the Army this S day of TYl Aelk --, 2008. ci C - • CLU/iC -C ANAI. 13RINLEE Acting Chief, Real Estate Division Walla Walla District, Corps of Engineers This Amendment to Department of the Army Lease No. W912EF- 1 -04 -13 is also executed by the Lessee this !° _ day of Fe,"aCl 2008. Mayor V City of Fasco, Washington CERTIFICATE OF AUTHORITY I, psAbtiA L CLAn rc , certify that I am the C THE CITY OF PASCO, WASHINGTON, that who signed the foregoing instrument on behalf of M04D , of ClTn I further certify that the said officer was acting with delegated to this officer by the governing body of the iT`t Cc E U of CAL Oc. , the grantee, was then o PASCb in the scope of powers Lessee in executing said instrument. f n Date A, I), — signature) ACKNOWLEDGMENT STATE OF WASHINGTON ) n-3 COUNTY OF WALLA WALLA) On this day of (Yie.x SUS , before me the undersigned Notary Public, personally appeared JANA L. BRINLEE, Acting Chief, Real Estate Division, U.S. Army Engineer District, Walla Walla, Washington, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: IfA %%- 9452 -2E Po f Peace m al CAIN Y IE IFY Of Past, 0.311 XX- John Harrison at ux xx -336c DRELETED PIERRETS NGIVAY BRIDGECK will U: J. AKMY TYPE) , ----- EUTA4___-__- PROJECT MAP AGENCYI_CEP_T._OF_.THE'AR3Y_ - STATE __µ'4`? HINGTOFd----------- COUNTY_ FRANKLIN ____________ s V0 DIVISION NORTH- PACIFIC ____ bo 9E WINWABISTRICT WALLA LLA --------- s "Ww" 42 ARMY AREA- SKTy_ ggE6T _ — LOCATION OF PROJECT— ' 5wi 9 22 MILES NE OF_MeNARY_ DAMSITE -_ PASCO MILES-- OF_______ ---------- V6 a TRANSPORTATION FACILITIES- e X, - RAILROADS __N_P. RY.____________ I Izr STATE _ ROADS ------ _------ x a.4".'lsep FEDERAL ROADS_______________ AIRLINES --------------------- . av4iu ACQUISITION — p TOTAL ACRES ACQUIRED _._ D ACRES FEE ________ ACRES TRANSF'D TO WAR DEPT ------- ACRES LEASED TO WAR DEPT. _ ------- ACRES 'LUBER INTERESTS ` i DISPOSAL— TOTAL ACRES DISPOSED OF_______ ACRES SOLD BY WAR DEPT________ ACRES TRANSF'O BY WAR DEPT,- ___.: ACRES RETRANSF'O TO GOV•E AGCY. NOTES; ACRES LEASES TERMINATED- __.,____ sientIORY eemPlefed prior to SOL Mapping ACRES LESSER INTS. TERM. rein Lester of 19 October 1951. NO general , planned bemaL of animMmble expense. rvlWdaF,lylite being exn.laedn a area. ----- LEGEND— Iao. Line of ordinary High worst. .. NTOUR dbnrea on election 5 Met above RwMr profile NOTE' USE SYMBOLS:FRBM FMry -30' ( WAR REP% BASIC MELD MANUAL) PAGES: BI SO CTIMIL we reMretl to the Washington GmMinote System, one. - EXCEPT Brian M Powo rewNed A Vol. B, Page44, Pit, Record& Font Addition to Po to rammed in Val. S, Pole 34, RESERVATION LINE r -• - -- am% V rec3ded in Vol. By Page 61, Plat Records. RESERVATION LINE 4aGm. aatrn0- Ved ShWaYS31. mg Line Approved 11 Morabi952 DAM SITE Fe %I +o ux ------ J- line indmal the opprmlmole normal opmHng pool eNwNm. na Line Approved B Febmory 1854 RESERVOIR SITE RAKING LINO -- IF d CONTOUR LINES ---.------- ADOfI SITION AUTHORIZATION i a1111en rlv2nd.. aaP881dmores!'1"7..an 8Fd to N..T. P Sao . Se; ... I rAG°a1n•l n4mna Ny DISPOSAL________._______. t 11au11, R 1111 xx.N85 vmmmmbyCo. dam3Jan.195TYwYOCEm NPD TRACT NUMBER ----- ---- - Be 2 an I1n6 smell E25ep 964tram tlASl to OR REVISIONS' DATE By I 24W 51 > ea Twvt %%- 3455 -P n m4rw ISTAII eef Twz X%il4T4 9 veelae ° P. T. :. bJan. 52 H Treat XX- 3465 -L NIX .' DEPARTMENT OF THE ARMY OFFICE OF THE WALLA WALLA DISTRICT ENGINEER NORTH PACIFIC . DIVISION ' DRAWN BY,— M.B.A. -REAL ESTATE TRACED BY:, CHECKFABY 4 McNARY LOCK AND DAM S BMITTE f COLUMBIA 'RIVER, OREGON 8 WASHINGTON am. CHIEF, ADAVRAL R SEGMENT 'X Xe, 1 RECOMMENDED BY• APPROVED 1V DATE•;3G Ju /v lTi/ R .0 EMIEF REiI ER OIBTRICT. BMCMYM1 `^ OFFICE, O _NIEFD_ENGINECRS,WABNINOTONIMU. j Shi IN EBR ACQUISITION TRACT REGISTER TRNAo. L LANDOWNER- FREMARKSFEETTRANO. m mi it It KGs R 60 -EM Mrs Tlminelr Pomp. ny Ip pan el t YO XX-3452o oily at I XXwA453s state rt WeN ve n0 0. 04 IX-34544 46 WNwan n.¢. WW kX town, Po X_ 7 c 113 3. 30 455E ET.n t 150 XX-3459F Ferry LlIdWn 11 wit X W XX.3461C CRY It Ame, at Al W X 3463S S. rm 34635 5. 70 x -346. L LL LED 46tI I s A Macau at orD D. Bt of0 0.70 0. A arin 6r IXLLISOx a 0. 60 X -3473E E C3memm1 1 0. 06 9474J JWn Rwrl n at,, 1 1 0. 04 3477O Own C6wIn TndaY at us0 0. 05 xx -347. llA Ha i m3 3. 60 3478r r Llndm m ua5 5. 20 34311 1. 55 4620 0. 11 XA3451 1FP Port of P.m. at 01. C Cso PIERRETS NGIVAY BRIDGECK will U: J. AKMY TYPE) , ----- EUTA4___-__- PROJECT MAP AGENCYI_CEP_T._OF_.THE' AR3Y_ - STATE __µ' 4`?HINGTOFd----------- COUNTY_ FRANKLIN ____________ s V0 DIVISION NORTH- PACIFIC ____ bo 9EWINWABISTRI CT WALLA LLA --------- s "W w" 42 ARMY AREA- SKTy_ ggE6T _ — LOCATION OF PROJECT— ' 5 wi 9 22 MILES NE OF_ MeNARY_DAMSITE -_ PASCO MILES-- OF_______ ---------- V6 a TRANSPORTATION FACILITIES- e X, - RAILROADS __N_P. RY.____________ I Izr STATE _ROADS ------ _------ x a.4".'lsep FEDERAL ROADS_______________ AIRLINES --------------------- . av4iu ACQUISITION — p TOTAL ACRES ACQUIRED _._ D ACRES FEE ________ ACRES TRANSF'D TO WAR DEPT ------- ACRES LEASED TO WAR DEPT. _ ------- ACRES ' LUBER INTERESTS ` i DISPOSAL— TOTAL ACRES DISPOSED OF_______ ACRES SOLD BY WAR DEPT________ ACRES TRANSF'O BY WAR DEPT,- ___.: ACRES RETRANSF'O TO GOV• E AGCY. NOTES; ACRES LEASES TERMINATED- __.,____ sientIORY eemPlefed prior to SOL Mapping ACRES LESSER INTS.TERM. rein Lester of 19 October 1951. NO general , planned bemaL of animMmble expense. rvlWdaF,lylite beingexn.laedn aarea. ----- LEGEND— Iao. Line of ordinary High worst. .. NTOUR dbnrea on election 5 Met above RwMr profile NOTE' USE SYMBOLS:FRBM FMry - 30' (WAR REP% BASIC MELD MANUAL) PAGES: BI SO CTIMIL we reMretl to the Washington GmMinote System, one. - EXCEPT Brian M Powo rewNed A Vol. B, Page44, Pit, Record& Font Addition to Po to rammed in Val. S, Pole 34, RESERVATION LINE r -• - -- am% V rec3ded in Vol. By Page 61, Plat Records. RESERVATION LINE 4aGm. aatrn0- Ved ShWaYS31. mg Line Approved 11 Morabi952 DAM SITE Fe %I +o ux ------ J- line indmal the opprmlmole normal opmHng pool eNwNm. na Line Approved B Febmory 1854 RESERVOIR SITE RAKING LINO -- IF d CONTOUR LINES ---.------- A DOf I SITION AUTHORIZATION i a1111enrlv2nd.. aaP881dmores!'1"7..an 8Fd to N.. T. P Sao . Se; ... I rAG°a1n•l n4mna Ny DISPOSAL________._______. t 11au11, R 1111 xx.N85vmmmmbyCo. dam3Jan.195TYwYOCEm NPD TRACT NUMBER ----- ---- - Be 2 an I1n6 smell E25ep 964tram tlASl to OR REVISIONS' DATE By I 24W 51 > ea Twvt %%- 3455 -P n m4rw ISTAII eef Twz X% il4T4 9 veelae ° P.T. :. bJan. 52 H Treat XX- 3465 - L NIX .' DEPARTMENT OF THE ARMY OFFICE OF THE WALLA WALLA DISTRICT ENGINEER NORTH PACIFIC . DIVISION ' DRAWN BY,— M.B.A. - REAL ESTATE TRACED BY:, CHECKFABY 4 McNARY LOCK AND DAM S BMITTE f COLUMBIA 'RIVER, OREGON 8 WASHINGTON am. CHIEF, ADAVRAL R SEGMENT ' X Xe, 1 RECOMMENDED BY• APPROVED 1V DATE•;3G Ju / v lTi/ R .0 EMIEF REiI ER OIBTRICT. BMCMYM1 `^ OFFICE, O _NIEFD_ENGINECRS,WABNINOTONIMU. j Shi Aw' Opp fii 1 / r t,{i • Qa fa r T,7, t r ,.nq iaf• § y q v i f 1 1 o ' WOT AVAVIO3 -397 . CgT x• J''; -,. { .rrlx -i. m. AA sJ, THAV't Y,• F ti rrri 1 S2 T n ' I•., Y2 Ali r teS•wf =o o ao z.,- 7TH LN .,: a ti ta,AA .J. co AW7e r . al Mv' i Y• yR ° s "6741 AVE • 1 5TH AVE Ir rt r 'ail .'44i 41 {i N r 4rHr.4 ^ m x r If 'A -1 L 4TH AVE If ryL ir s i w GRAY.[+VE k ., G r3: 4 F `, ` 4 V MYRTLE n Y G y G i i, It l I N Exhibit L Real Estate Division DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT, CORPS OF ENGINEERS 201 NORTH THIRD AVENUE WALLA WALLA WA 99382 -1878 January 25, 2008 Subject: Amendment No. 2, Lease No. W912- EF- 1- 04 -1.3, City of Pasco, McNary Project Mr. Stan Strebel Administrative and Community Services Director City of Pasco PO Box 293 Pasco, WA 99301 Dear Mr. Strebel: Enclosed for review and acceptance by the city of Pasco (the city) are two copies of the subject amendment. Please review the amendment carefully and completely. If it is acceptable to the city, please have both copies executed by Mayor Joyce Olson and complete both copies of the certificate of authority. Return both completely signed copies to me at the address above. Please include a check in the amount of five thousand dollars ($5,000) made payable to F &AO, USAED, WALLA WALLA. The payment will be used to fund engineering and construction inspection expenses. Any funds remaining at the end of the project will be returned to the city. When we receive the two copies and the payment, the amendment will be executed by the government and one completely executed copy returned to the city for use and record. If there are any questions, please call me at 509 - 527 -7324. You may also contact me by e-mail at Paul.S.Shampine @usace.army.mil. Sincerely, Paul Shampine Realty Specialist Enclosures ITie _ V - pL • • SS.IilS VfP Real Estate Division DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT, CORPS OF ENGINEERS 201 NORTH THIRD AVENUE WALLA WALLA WA 99362 -1876 March 5, 2008 Subject: Amendment No. 2 to Department of the Army Public Park and Recreation Lease No. W912EF- 1- 04 -13, City of Pasco, McNary Project Mr. Stan Strebel Administrative and Community Services Director City of Pasco PO Box 293 Pasco, WA 99301 Dear Mr. Strebel: Enclosed is one fully executed copy of the subject amendment, which adds the property between the Cable Bridge and the Pasco Boat Basin to the land leased by the city of Pasco (the city). The amendment is effective March 5, 2008. We noticed an error in the date, December 14, 2008, in paragraph no. 2 and made a pen- and -ink, initialed change on both copies so the date reads December 14, 2007. Real Estate Division has the city's check for $5,000 for levee construction inspection, receipt of which is hereby acknowledged. Please contact Mr. Robert Berger, Engineering Division, at 509 - 527 -7622 as soon as possible to inform him of the anticipated start date of construction for the levee- lowering project. Mr. Berger can also be reached by e-mail at Robert.M.Berger @usace.army.mil. I have enclosed a customer satisfaction survey, which we ask you to take a few minutes to complete and return. A postage paid envelope is provided. If you have any questions about the amendment or anything having to do with lease No. W912EF- 1- 04 -13, please do not hesitate to call me at 509 - 527 -7324. You can also contact me by e-mail at Paul.S.Shampine @usace.army.mil. Sincerely, I mvi I, t Paul Shampine Realty Specialist Enclosures Real Estate Division DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT, CORPS OF ENGINEERS 201 NORTH THIRD AVENUE WALLA WALLA WA 99362 -1876 July 29, 2009 Subject: City of Pasco, Department of the Army Public Park and Recreation Lease W912EF- 1- 04 -13, McNary Lock and Dam Mr. Gary Crutchfield, City of Pasco PO Box 293 Pasco, WA 99301 Dear Mr. Crutchfield: City Manager Enclosed for use and record by the city of Pasco is one fully executed original copy of Amendment No. 3 to the subject lease. Also enclosed is the financial documentation transferring financial accountability as described in condition 3 of the amendment. If there are any questions on the financial documentation, please contact Ms. Nancy Herres, Chief, Programming and Control, Real Estate Division, Walla Walla District. Ms. Herres may be reached at 509 - 527 -7331. You can also reach her by e- mail at Nancy.J.Herres @usace.army.mil. If you record this amendment, please complete and return the enclosed recording information form in the envelope provided. I have also included a customer satisfaction survey form on which you can rate the Walla Walla District on its level of service to the city of Pasco. If you have any questions on the general terms of the easement amendment, please call me at 509 - 527 -7324 or contact me by e-mail at Paul.S.Shampine @usace.army.mil. Sincerely, Paul Shampine Realty Specialist Enclosures Copy Furnished: CENWW -OD -T (Mettler) (w /encl) CENWW -OD -WI (Adams) (w /encl) CENWW -OD -WI (Carpenter) N: \Paul \WRDA 96 Leases \Pasco Lease Amendment No. 3 Transmittal Letter 2.doc HERRES /RE HUFFMAN /RE SHAMPINE /tp I M -S M RE AMENDMENT NO. 3, DEPARTMENT OF THE ARMY LEASE NO. W912EF- 1 -04 -13 TO THE CITY OF PASCO, WASHINGTON FOR PUBLIC PARK AND RECREATIONAL PURPOSES Levee 12 -1, The Pasco Boat Basin on McNary Lock and Dam Project Franklin County, Washington WHEREAS, on March 26, 2004, the City of Pasco, Washington, Lessee, leased the premises indicated in Exhibit B of said lease for public park and recreation purposes; and WHEREAS, on October 7, 2005, Amendment No. 1 of the lease removed the 12 -1 pond from the premises; and WHEREAS, on March 5, 2008, Amendment No. 2 of the lease added Tracts XX -3452, XX -3451 and the remainder of Tract XX -3460, said remainder not included in the premises of the original lease; and WHEREAS, the Lessee has requested an addition to the premises including that portion of Tract XX -3478 not originally leased and Tracts XX -3479, XX -3481, XX -3482, XX -3501, XX -3502, XX -3503, XX -3504. XX -3506, XX -3507, XX -3508, XX -3509, XX -3511, XX -3512, XX -3513, XX -3514, XX -3516, XX -3517, XX -3518, XX -3519, XX -3522, XX -3526, XX -3527, XX -3528, XX -3530, XX -3584 and XX -3628; and WHEREAS, the requested amendment to the lease will not conflict or interfere with nor adversely affect the operation of the McNary Lock and Dam Project for its authorized purposes; NOW THEREFORE, effective on the date of execution of this Amendment by the Acting Chief, Real Estate Division, Walla Walla District, Corps of Engineers, Department of the Army Lease W912EF- 1 -04 -13 is hereby modified in the following particulars, but in no others: 1. Exhibit M, attached hereto and made a part hereof, illustrates the area added to the premises by Amendment No. 3. 2. Exhibit N, the amended inventory and condition report, attached hereto and made a part hereof, reflects addition of real property improvements at the Road 54 boat launch area, 3. In accordance with Financial Accounting Standard 13 (FAS 13), and by accepting this lease amendment, the Lessee accepts financial accountability of the following real property improvements: road, upper parking lot, lower parking lot, boat dock and boat ramp. Financial documentation for the real property improvements will be provided to the Lessee under separate cover at the time of execution of this amendment by the government. 4. The Environmental Baseline Study for the additional area to be added to the premises is attached hereto and made a part hereof as Exhibit O. In all other respects, the covenants, provisions and conditions of said lease shall remain in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary of the Army this Jal day of ) "i, 2009. TODD L. CZARN l Chief, Real Estate- Division Walla Walla District, Corps of Engineers This Amendment to Department of the Army Lease No. W912EF- 1 -04 -13 is also executed by the Lessee this 7'' day of Ju 2009. JOYC O ON Mayo City of Pasco, Washington CERTIFICATE OF AUTHORITY I, Zt62n i_ C t nR x , certify that I am the ( 1 r`l C. f- R -of THE CITY OF PASCO, WASHINGTON, that Toyce C)LSO1J who signed the foregoing instrument on behalf of the grantee, was then I`1RVoQ of CIT7 Q PA Co I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the Lessee in executing said instrument. I Date 7-(o'c: signature ACKNOWLEDGMENT STATE OF WASHINGTON ) ss COUNTY OF WALLA WALLA) On this c2q day of M o , Cg00q, before me the undersigned Notary Public, personallyappeared TODD L. CZARNECKI Chief, Real Estate Division, U.S. Army Engineer District, Walla Walla, Washington, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 6p' ft Notary Public rt18LtG ?S My Commission Expires: Jan.14,;L08% 3 4 Q 3 CRY O+ 3 f. 4° Ui oe a3 so R S 30 aosm03 g° Ye" k% lu I a eie r I 1 f P V J la Sh el Na 43 u Yrn m Y V_ I 3 4 Q 3 CRY O+ 3 f. 4° Ui oe a3 so R S 30 aosm03 g° Ye" k% lu I a eie r I 1 f P V J la Sh el Na 43 u Y J I6 I.J x 320,NT,/ 6 '2.eNi61A b1,v jvEr PIERR€T'S SUBDIVISION. ^ OF , RIVERWAVEN V VIE"ET'S xx A Z1,10.11 pe UNZ? OF Is ILp '. s° p xsiPt5T2Howum2nwrs Q t Vry OA Lease Tract Levee 12 -1w ron °uer C41EJn116 °' "a °anl X i.6,, QIJ i a93 r 2.42.oe:hee.enyee It sloeor waanmy).e- f,°nMn cooly er 4, eI ! W) ll N ' 1 e1 MI p Y1.44 q 1 ee I ' 9 Fdt,. Mot 11 IlMlloo se0 SL PI 'C p 19fe ) Y [.xpax (PWJ10h XX39731 ' 6 p 4 ©0. eveeo. LmnLLe Ur RCO J<.226eo1.964. Im Tc XX3122.3u DMIL SOMSION - ExhibitM AMENDED INVENTORY AND CONDITION REPORT INSTRUMENT: Lease No. W912EF- 1 -04 -13 TERM: Fifty (50) Years, Expiring March 23, 2054 GRANTOR: Department of the Army, Corps of Engineers GRANTEE: City of Pasco, Washington This Amended Inventory and Condition Report which shall be attached to and become a part of the above - described lease is agreeable to both parties hereto as reflecting the condition of the listed property at the time custody was assumed by the lessee and as covered by said lease. L a GOY CRUTC IEL City Manager, asco, Washington Date: &/b ifj 4' TODD L.CZARNI KI Chief, Real Estate Division Walla Walla District US Army Corps of Engineers Date: y Exhibit N INVENTORY AND CONDITION REPORT ROAD 54 TO ROAD 39 CITY OF PASCO LEASE NO. W912EF4 -04 -13 QUANTITY ITEM AND DESCRIPTION CONDITION ID# MCN- 1 Boat Ramp Good 12183Tworamps, one on each side of the dock; each is 16' by 112'; concrete; signs 1 Boat Dock Good 12182Consistsofthreesections: a) abutment and walkway, 6' x 305, concrete; b) gangway, 4' x 36', aluminum; c) dock, 8' x 901, polyethylene floor, wood /polymer composite decking; signs; five piles 1 Bike Path Good 12187 20' x 5,280'; paved, with markings to separate pedestrian traffic from other traffic; fence; culverts; bollards; benches; trash receptacles 1 Road Good 12184 30' x 2751; paved; curbing; signs I Lower Parking Lot Good 12185 Paved; (3) vehicle - trailer parking spaces; 12) vehicle parking spaces; (2) handicapped vehicle parking spaces; signs, including an ADA parking sign; curbs; storm water drainage system I Upper Parking Lot Good 12186 Paved; (I) vehicle parking space; (2) handicapped vehicle parking spaces; curbing; storm water drainage system; signs, including an ADA parking sign. (Only a portion of this parking lot is on Corps land; the remainder is on Franklin County land and they retain ownership.) 1 Sanitary Sewer Good 12188 170' of PVC pipe, runs under the road, with cleanout location (sewer service for future restroom). INVENTORY AND CONDITIONS REPORT (CONT) ROAD 54 TO ROAD 39 CITY OF PASCO LEASE NO. W912EF- 1 -04 -13 QUANTITY ITEM AND DESCRIPTION CONDITION ID# MCN- Illumination System Good 12189Threemetallightpoleswithelectric100 watt HPS luminary; wiring; 1.5" PVC conduit. One pole is located in the upper parking lot and the other two are located in the lower parking lot. Irrigation System Good 121905,280' of PVC conduit; irrigation vault; 43,360' of PVC pipe; rotors; control panel We, the undersigned, agree that at as of the date of this document the above listed property is owned by the Government and is in the condition as indicated. C' of Pas k By. 4 Richard Temay Admin. & Comm. Services Director Date: 2 S -,o % Corps of Engineers By: i 6.J ... Paul S. Shampine Realty Specialist Date: c.m F epep Ny . YeeC l EEl4 ProHa lo: %CN \••. Prepetly la COae: YCN.imu Stn¢dn No. EOt { flteee: E Wae: L :.pen: poMB epAT l.wNCP. APEA swcwn Type: EOAT YoattP RemVb: T R Pg, CAE ON Fkv. EC! OFTfE WAY DOCK EACH RAMP n:B'%: 12 , COMCPETE. is i 9 tm.:.,n.. ,ea.ml m,veP.,ne.P.nwimEnok.:g m»mp NJm'MVpen tlu# Neu ] Mlt Projecl ID: YCN Propeft iO Cede: YCN -1]1!) SlTUMM No.: Ni :l] Urd,de: LanBiOlee: L 11 POAp ci BOAT tMNOf MEA SWCWM Type: NtMPATr NmAftA% E IM, PAVED, MTh MARNepe TO MP 7E PEGESTMM TRAFFIC FROM OTNERTR, TS FROENCE: D!A To ROAD 39 pp BENLM1EE. iRAEF PECIpIACtEBRWSPAtt.'bfRW PGMNiO ROM ]9 AEE 7) F wcIEMRRyBwk -- P"KAID. YON r Property m Cade: MOM {tier Shucbrt No.: wH] ]aEWEa: LV,,SmR N BOAT wwcNMUL nmmae: Vmmft Type BOAT DOCK Remerp: RTS Ci TMNEE SECiICA3. A)AIUWCNf Vpt y, rXM CMLPEjE Bi DD]TMMCOMLL npS11E oec:Y rwi,S 1, EroFILLEs70 M'fNq 'BtRCEAncMwpocnmxrcEVPAmPO]w: mTx RivennwmcE. Iml,..]. n.... n...e m >.mysp.mn..am awaro>ok+s :e:on m NrTSRy MM NE• <v M PmfxE In: YCN ProPM'IO Cpde: M"-121M SbucNrt NO.: N11] lamuae: Lnnpfude: Loutlon: ROAp %p{T 1AWCn AREA 6WC urt TYPe: Remw1m; 37_ YY, MMO TEO -LANE. CL %wO. Wahs NvPauwknxa.u arnf W/iPisueywuMWaabwk ^rp 'nynp]G MW: Mtnxc ..wamnY.®V uR pmY ofPU!m0.rk uP ;Y/V9 woiecufl: MCN PmwMm Cede: MCN.111e5 14 edes CURRS Fee, ,'3 avw.umymlLLp me:rync'WCpiMd,ep ULYm PIicd YrepmT WUk +R u.11 PmlectlO: MCN Pmperty!O Code: MCNdNEE Shucwm No.: uowi b de: LongMde: Location: ROAD Y pMT 1AVMI AREA ewcmm TyNe: SANOAPYSEWER Remdu: CLEAYO,T MiWR MWCE F OR FL" E RE STROOM: Tn'S ROSS "TIES THE ROAD FROM WN:STREAM S!OE TO LYSTREAM Sbuclury No! FRm15 Uttuae: L,nglWde: LeuHon: gOt yBGT V.VM1[YA4PA SirvcNrtType: PPEAPARXp LOT XemFA4ED [{"*G. STORM YeATEN ORMNAGE SYSTEM. ORE YENIUE pYnVSG WSOE IAN G FpY mCLE PARNNG SPACES. SGNS u LLDINO AN ACe PANFJnGICnLYI.POgTI('pF tttl PgRKµ'G LOiS qe LCRPS W:p. tt.EREMMnLCR60NFRAN1iNIX1'Nly VALASC TIE'!PETM1m WihEP.ThfI EA'v. nva uwcnn7.n1'6ne4xunWn Y9ndmLU9 i1iNn Pr.YV'Cnrs'q Eect T 8cllp Protect l0: MCN PmPerty lO Code: MCN -12ISS Stmctpm No: umm LeOdde: LangRude: Location: RGOle BW umU . PAPS, EtncOm TYp,: LLLMWT"SYSTEM PemeM: PEP MEIM t1SM1r Pq.ES'.VTh ELEC}RICLgM1TS.Im NMn WG L WAMY, H aM1ERP PGFG1AARE w TFE LOY "vTAPRNG i011 PEPPARTw LOr Me My,'.3.v. + -wu w.:.nu[.PRtamvnmM1 + eevNWM v...OVQ t ao. ,.._m.w.ww.emY.mr'TN'IP<fA's kN+.¢1duY Aa ..._Ms I- Sbuclury No! FRm15 Uttuae: L,nglWde: LeuHon: gOt yBGT V.VM1[YA4PA SirvcNrtType: PPEAPARXp LOT XemFA4ED [{"*G. STORM YeATEN ORMNAGE SYSTEM. ORE YENIUE pYnVSG WSOE IAN G FpY mCLE PARNNG SPACES. SGNS u LLDINO AN ACe PANFJnGICnLYI.POgTI('pF tttl PgRKµ'G LOiS qe LCRPS W:p. tt.EREMMnLCR60NFRAN1iNIX1'Nly VALASC TIE'!PETM1m WihEP.ThfI EA'v. nva uwcnn7.n1'6ne4xunWn Y9ndmLU9 i1iNn Pr.YV'Cnrs'q Eect T 8cllp Protect l0: MCN PmPerty lO Code: MCN -12ISS Stmctpm No: umm LeOdde: LangRude: Location: RGOle BW umU . PAPS, EtncOm TYp,: LLLMWT"SYSTEM PemeM: PEP MEIM t1SM1r Pq.ES'.VTh ELEC}RICLgM1TS.Im NMn WG L WAMY, H aM1ERP PGFG1AARE w TFE LOY "vTAPRNG i011 PEPPARTw LOr Me My,'.3.v. + -wu w.:.nu[.PRtamvnmM1 + eevNWM v...OVQ t ao. ,.._m.w.ww.emY.mr'TN'IP<fA's kN+.¢1duY Aa ..._Ms T- eC)4nQ'Beri -.. PoF 9uf If Rymrz!49'rNY tical "' Y+ri ILO:'1' P'gccl llt: yCN PropeM 10 V- c MCN41110 flrv[dn Nn.:VmOB LWWticybtlN Loc[tim: ROAD NBpA}LWNCF. FAEA 6WCbn Type: MPYM}M IIY[IEM n2WOf FCF VCCOI.ONt. PRW i VAULT eEI60 OF PVC PiYE. RViDP6 ffNiXtt IMEL kya: +)rv... onvcm:Pil9p rtwmGmpjeu mb+8.ry :Z7l V arum uMe I l' qn w.. m ypLraleryeM1V{ml arbM'.u[ '.'Iy:Ux ENVIRONMENTAL BASELINE STUDY FOR PROPERTY INSPECTION AND RECORDS EXAMINATION EBS) RECOMMENDATIONS: X ACQUIRE /DISPOSE /TRANSFER /OUTGRANT PROPERTY AS IS ACQUIRE IDISPOSErTRANSFER /OUTGRANT PROPERTY WITH CLEANUP OF SOLID WASTE ACQUIRE /DISPOSE/TRANSFER /OUTGRANT PROPERTY WITH CLEANUP OF HAZARDOUS MATERIAL OBTAIN PHASE I /PHASE II ENVIRONMENTAL AUDIT Exhibit 0 PROPERTY INSPECTION CHECK LIST FOR ENVIRONMENTAL BASELINE STUDY EBS) Project Name. McNary Lack and Dam Project Site Name: Franklin County WRDA Lease No. W912EF- 1.04 -12, Road 54 to Road 39 & Road 39 to US 395 Bridge Legal Description: Portion of Sections 25, 26 and 27, Township 9 North, Range 29 East. Government Tract Nos.: XX -3479, XX -3482, XX -3481, XX -3601, XX -3502, XX -3603, XX -3504, XX -3506, XX -3507, XX -3608, XX -3509, XX -3511, XX -3512, XX -3613, XX -3514, XX -3516, XX -3518, XX -3517, XX -3519, XX -3522, XX -3526, XX -3527, XX -3528, XX -3628, XX -3530, XX -3584, XX -3529 I Environmental Conditions Observed: NO YES a X Suspect/UnusualOdors b. X Discolored Soil or Waste C, X Discoloration of Water d. X Distressed /Dead /Unusual Lack of Vegetation e. X Abnormal Mounding f X Area(s) of Depression g X Other: It Other Observed Features. NO YES a. X Building /Structures (Active or Abandoned) b X Suspected Asbestos c. X Above Ground or Underground Storage Tanks d. X Landfills e X Surface Impoundments I. X Underground Injection Wells g X Drums /Containers /Hazardous Material Storage Areas h- X Lagoons (Wastewater or Hazardous Waste) i. X Incinerator 1. X Waste Piles /Disposal Sites /Pools of Liquid k. X Oil -filled Electrical Equipment/Transformers I. X Standpipes, Vent Pipes, Etc., Coming out of the Ground m X Unexploded Ordnance n. X Industrial /Commercial Facilities o X Wastewater Treatment Plant p X Discharges to Surface Waters or Drainage Ditches Type: See further explanations, page 6. q. X Potential Environmental /Agricultural Problems on Adjacent Land r. X Access (road, trails, etc.) s. X Telephone /Power /Pipe Lines t. X Mining /Logging /Grazing Activity U. X Sick or Dead Wildlife or Domestic Animals v X Other: PROPERTY INSPECTION CHECKLIST - PAGE 2: Site Name; Franklin County WRDA Lease No. W912EF- 1,04 -12, Road 64 to Road 39 & Road 39 to US 395 Bridge Further Explanations Shall Be Noted on Exhibit "A" if Items under I and II are Checked yes. Prior Owners Name Date Dead bk, page) Tract XX -3479, Harry Linden, at ux March 6, 1952 Vol. 76, Pg. 121, Records of Franklin Countv. WA rTract XX -3462, Glenn C. Lee, at ux September 22, Exchange 1964 i Tract XX -3481, Glenn C. Lee, at ux Aril 18, 1955 Civil 606 i Tract XX -3501, Harold S. Fookett, et ux June 29, 1953 Vol. 78, Pg. 162, Records of Franklin County, WA Tract XX -3502, John Horrigan, at ux December 10, Vol. 76, Page 464, Records of 1951 Franklin County, WA Tract XX -3503, Wallace W. Preston, et April 18, 1955 Civil 606 ux Tract XX -3504, Glenn C. Lee, at ux Aril 18, 1955 Civil 606 Tract XX -3506, J.E. Saylor, at ux May 8, 1952 Vol. 78, Pg. 171, Records of Franklin County, WA Tract XX3507, Harold E. Olsen at ux June 20, 1952 Vol. 789 Pg. 401, Records of Franklin County, WA Tract XX -3508, Ursula Williams June 24, 1952 Vol. 78, Pg. 392, Records of Franklin County, WA Tract XX -3509, I.G. McCarthy, at al April 18, 1966 Civil 606 Tract XX -3511, L. C. Haunted et ux Aril 16, 1955 Civil 606 Tract XX -3612, Fred C. Klopfenstiein, at October 16, Civil 693 ux 1953 I Tract XX -3613, J.C. Battles at ux June 24, 1955 Civil 693 Tract XX -3514, K.W. Casey, at ux November 30, Vol. 76, Pg. 417, Records of 1951 Franklin County, WA Tract XX3516, Lon D. Lee per, at ux Aril 18, 1956 Civil 606 Tract XX -3518, J. David Clancy, et ux December 20, Vol. 76, Pg. 506, Records of 1961 Franklin County, WA Tract XX -3517, William F. Luhman, at ux December 31 Vol. 76, Pg. 421, Records of 1951 Franklin County, WA Tract XX -3519, J. David Clancy, at ux December 20, Vol. 76, Pg. 506, Records of 1961 Franklin County, WA Tract XX -3522, Josephine Wade, at al Aril 18, 1955 Civil 606 Tract XX -3526, Lloyd Johnson, at ux December 3, Vol. 76, Pg. 427, Records of 1951 Franklin County, WA Tract XX -3527, Floyd D. Wagar, at al March 5, 1954 Vol. 77, Pg.1861 Records of Franklin County, WA Tract XX -3528, George C. Swanson January 3, 1952 Doc. No. 141971, Records of Franklin Counly, WA Tract XX -3628, Charles H. Millar, et ux March 12, 1966 Vol. 129, Pg. 12, Records of Franklin County, WA FTract XX -3530, Christine J. Erwen January 25, Vol. 128, Pg. 264, Records of 1966 Franklin County, WA_- _ Tract XX -3584, Christine J. Erwen January 26, Vol. 128, Pg, 264, Records of 1966 Franklin County, WA Tract XX -3529 Grover C. Russell, etux__A%11rll 18 1965 Civil PROPERTY INSPECTION CHECKLIST - PAGE 3: III. Previous Contamination Found: Petroleum Products Degreaser /Solvents Pesticides Herbicides Radioactive Heavy Metals Organic Chemicals Ammunition Underground Storage Tanks on`e Other Explanation and Date of Any Remedial Action Has an EA or EIS Been Performed /Prepared? YES or NO Reconnaissance Sources Site Visit: FEBRUARY 20, 2009 Public Records MARCH 2, 2009 Interviews (owner, residents, local, State, and Federal Govt., Aerial Photos, (USGS, SCS, Tax Office,. ) Internal District Records NO YES a. Permits b. Contracts c. Leases d. Easements e. Deeds X f. Licenses g. Other Maps Other Note: Discuss Relevant Former Uses on Exhibit "B" PROPERTY INSPECTION CHECKLIST — PAGE 4: RECORD EXAMINATION Based on a record examination, no apparent environmental contamination as referenced in the Code of Federal Regulations C( F.R.) was present which would indicate that hazardous, toxic, or radiological waste had been stored, released, or disposed of on the property as of Kkvch Zt 11)1) Date) Paul Shampine Signed: t>a. Realty Specialist Date: M„cu,'1pll PROPERTY INSPECTION Based on the attached Property Inspection Checklist, including surface observations only, by the undersigned, no apparent environmental contamination as referenced in the Code of Federal Regulations C( F.R.) was present which would indicate that hazardous, toxic, or radiological waste had been stored, released, or disposed of on the property as of Date) Heather Humphreys Signed Environmental Compliance Date: Coordinator - Paul Shampine Signed: 1' u,wJ'. S6nn .M Realty Specialist Date: hw&th 3 04'm Real Estate Division - Tim Fife Signed: Franklin County, WA Date: County Engineer REVIEW Based on the attached Property Inspection Checklist, no apparent environmental contamination as referenced in the Code of Federal Regulations C( F.R.) was present which would indicate that hazardous, toxic, or radiological waste had been stored, released, or disposed of on the property as of Frb+x" -? zoo Date) Rodney Huffman Signed: Chief, Management and Disposal Date: Real Estate Division APPROVAL Based on the attached Property Inspection Checklist, no apparent environmental contamination as referenced in the Code of Federal Regulations C( F.R.) was present which would indicate that hazardous, toxic, or radiological waste had been stored, released, or disposed of on the property as of Date) Don Redman Signed: Walla Walla District Environmental Date: Compliance Coordinator PROPERTY INSPECTION CHECKLIST — PAGE 5: wwwxwww«+ x+ w+ w+ xwwxxxxx« x+ xxwx«+«+++ x«« x«+ x+« xxx«««+« x+ x« x+ x+ wx« x+ ++ xxxxxxxxwxwxxxxxwxx + + + +x + + +xwxxwwxx SUBJECT: Request for Additional Baseline Based on the attached Property Inspection Checklist, possible environmental contamination as referenced in the Code of Federal Regulations C( F.R.) may exist on the inspected property. Request that additional Environmental Baseline Study and /or other documentation be provided. MM GRANTEE: I acknowledge receipt of this Environmental Baseline Study (EBS) and I agree that should I not concur with the findings contained herein I will document my objections and substantiate the reasons within 30 days of this day of , Name: Signed: Title: Date: KO I acknowledge the condition of this property as reflected in this Environmental Baseline Study EBS) this /GTp day of JANE zoo Name: Signed: Title: Date PROPERTY INSPECTION CHECKLIST- PAGE 6: FURTHER EXPLANATIONS FOR ITEMS I AND II I.d.: Felled tree present at private dock near Road 39. Il.a.: Boat ramp, dock, parking lot, trail, benches, concrete pads, private permitted docks present. Il.p.: Surface Waters or Drainage Ditches Type: Stormwater drain at top of boat ramp. Il.r.: Access roads for ingress /egress present. II.s.: Light poles, electrical lines, irrigation system present.